23andMe · 23andMe Terms of Service · View original document ↗

Limitation of Liability

High severity Medium confidence Explicitdocumentlanguage Common · 227 of 325 platforms
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Recent governance activity 23andMe recorded 2 documented changes in the last 30 days.
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Document Record

What it is

The company's financial responsibility to users for claims arising from the services is limited, and the agreement states that payments are generally non-refundable except where required by law.

This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The clause sets the refund policy governing all customer payments to the service, establishing that financial transactions are final upon payment regardless of subsequent service utilization.

Interpretive note: The full monetary cap on liability is referenced in the document summary context but the truncated document text does not reproduce the exact liability cap language; the full Terms should be reviewed at 23andme.com/legal/terms-of-service/full-version/ to confirm the specific ceiling amount.

Recent Activity

This document changed recently

Medium May 5, 2026

The updated Terms now apply only to users who live outside the United States, Canada, EEA, UK, and Switzerland, or who access the Services from outside those regions. US, Canadian, EEA, UK, and Swiss users are directed to region-specific Terms instead. Additionally, when terms for a specific Service conflict with the main Terms, the specific Service terms now govern that portion of your use rather than the main Terms controlling. The mandatory arbitration provision remains in the document but is no longer prominently featured at the very beginning of the Terms.

View change record →
High Apr 19, 2026

The updated Terms of Service now apply exclusively to users in the United States, narrowing the geographic scope from the prior version that addressed users in multiple regions. The terms now contain a prominently featured mandatory arbitration provision that requires disputes to be resolved through individual arbitration on an individual basis rather than through jury trials or class action lawsuits. This means that if a user has a dispute with 23andMe, the updated terms require arbitration as the method of resolution instead of traditional litigation. Additionally, if a user purchases additional services, the main Terms of Service (including the arbitration provision) will control any conflicting terms from those additional services. You can review the complete updated Terms of Service through the link provided in the document.

View change record →
Medium Mar 23, 2026

The updated terms now apply only to users who live outside or access services outside the United States, Canada, EEA, UK, and Switzerland. Previously, the terms applied to US-based users. The terms also clarify that when service-specific terms conflict with the general Terms of Service, the service-specific terms will govern that particular service rather than the general terms controlling all conflicts. This means users of additional services may operate under different dispute resolution and governance procedures depending on which service they are using.

View change record →

Consumer impact (what this means for users)

Under this provision, users who experience service failures, reporting errors, or other harm from 23andMe's services may be limited in the financial compensation they can recover, with the no-refund policy applying to most payments unless applicable law requires otherwise.

How other platforms handle this

Cohere Medium

In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...

DeepSeek Medium

IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...

Perplexity AI Medium

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...

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▸ View Original Clause Language DOCUMENT RECORD
"
Except as may be required by applicable law, payments are non-refundable and there are no refunds or credits for partially used services.

— Excerpt from 23andMe's 23andMe Terms of Service

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: Liability limitation clauses in consumer contracts are subject to evaluation under state consumer protection statutes and, in California, under the Consumer Legal Remedies Act. Where a service involves health data or genetic information, limitation of liability provisions may face additional scrutiny from state attorneys general and potentially from the FTC under unfair practice standards. The clause's carve-out for applicable law acknowledges that statutory remedies may override the contractual limit in certain jurisdictions. GOVERNANCE EXPOSURE: High. The limitation of liability is particularly significant in the context of genetic data services because the potential downstream harm from a data breach or reporting error, including discrimination in insurance or employment contexts, may substantially exceed any fee paid for the service. The provision as stated does not specify a monetary cap in the terms summarized here, though the full Terms may include a 12-month fee cap; compliance teams should review the full version. JURISDICTION FLAGS: California, New York, and Illinois have consumer protection frameworks that may limit the enforceability of broad liability caps in consumer contracts involving sensitive personal data. The Genetic Information Nondiscrimination Act provides federal protections against genetic discrimination in health insurance and employment, but does not create a private right of action against 23andMe directly. CONTRACT AND VENDOR IMPLICATIONS: Organizations purchasing 23andMe services for employee wellness or research programs should evaluate whether the liability limitation adequately addresses their indemnification expectations, particularly where downstream harm to employees or research participants could result from reporting errors. COMPLIANCE CONSIDERATIONS: Legal teams should confirm whether the full Terms include a specific 12-month fee cap on liability and evaluate whether that cap is consistent with the value of genetic data and applicable state law. The no-refund policy should be evaluated for compliance with state automatic renewal and consumer protection disclosure requirements.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority to evaluate whether liability limitations in consumer contracts involving health and genetic data constitute unfair or deceptive practices
    File a complaint →
  • State AG
    State attorneys general may evaluate liability limitation clauses in consumer genetic testing contracts under state consumer protection and genetic privacy statutes
    File a complaint →

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
23andMe Terms of Service
Entity
23andMe
Document last updated
May 5, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 12, 2026
Record ID
CA-P-000896
Document ID
CA-D-00147
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
16a44b36aa17e55ddf47ae29310c84ef467de0a10b43cf99d04895259b10a9f1
Analysis generated
May 11, 2026 23:34 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: 23andMe
Document: 23andMe Terms of Service
Record ID: CA-P-000896
Captured: 2026-05-11 23:34:45 UTC
SHA-256: 16a44b36aa17e55d…
URL: https://conductatlas.com/platform/23andme/23andme-terms-of-service/limitation-of-liability/
Accessed: May 20, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does 23andMe's Limitation of Liability clause do?

The clause sets the refund policy governing all customer payments to the service, establishing that financial transactions are final upon payment regardless of subsequent service utilization.

How does this clause affect you?

Under this provision, users who experience service failures, reporting errors, or other harm from 23andMe's services may be limited in the financial compensation they can recover, with the no-refund policy applying to most payments unless applicable law requires otherwise.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 227 platforms. See the full comparison.

Is ConductAtlas affiliated with 23andMe?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by 23andMe.